Enforcement of parking requirements for persons who have disabilities

(a)

It is unlawful for any operator to stop, stand, or park a vehicle within, or to obstruct, any such specially designated and metered parking space provided in accordance with F.S. § 553.5041, unless the vehicle displays a properly issued disabled parking permit or a properly issued license plate and the vehicle is transporting the person to whom the displayed permit is issued. The violation may not be dismissed for failure of the marking on the parking space to comply with section 553.5041, Florida Statutes, if the space is in general compliance and is clearly distinguishable as a designated accessible parking space for people who have disabilities. Only a warning may be issued for unlawfully parking in a space designated for persons with disabilities if there is no above-grade sign.

(1)

Whenever a law enforcement officer, a parking enforcement specialist, or the owner or lessee of the space finds a vehicle in violation of this subsection, that law enforcement officer, owner, or lessor shall have the vehicle in violation removed to any lawful parking space or facility or require the operator or other person in charge of the vehicle immediately to remove the unauthorized vehicle from the parking space.

a.

Whenever any vehicle is removed under this section to a storage lot, as provided in section 15-125, the cost of the removal and parking constitutes a lien against the vehicle.

b.

Whenever any vehicle is removed under this chapter, as provided in section 15-125, to a parking garage, or other parking space, the cost of the removal and parking constitutes an invoice against the vehicle.

(2)

The owner of a leased vehicle is not responsible for a violation of this section if the vehicle is registered in the name of the lessee.

(3)

A law enforcement officer or a parking enforcement specialist has the right to demand to be shown the person's disabled parking permit and driver's license or state identification card when investigating the possibility of a violation of this section. If such a request is refused, the person in charge of the vehicle may be charged with resisting an officer without violence, as provided in F.S. § 843.02.

(b)

It is unlawful for any operator to obstruct the path of travel to an accessible parking space, curb cut, or access aisle by standing or parking a vehicle within any such designated area. The violator is subject to the same penalties as are imposed for illegally parking in a space that is designated as an accessible parking space for persons who have disabilities.

(c)

Any operator who is chauffeuring a person who has a disability is allowed, without need for a disabled parking permit or a special license plate, to stand temporarily in any such parking space, for the purpose of loading or unloading the person who has a disability. A penalty may not be imposed upon the driver for such temporary standing.

(d)

(1)

A vehicle that is transporting a person who has a disability and that has a properly issued permit, may be parked for a maximum of thirty (30) minutes in any parking space reserved for persons who have disabilities.

(2)

Notwithstanding section (d)(1), a theme park or an entertainment complex as defined in F.S. § 509.013(9), which provides parking in designated areas for persons who have disabilities may allow any vehicle that is transporting a person who has a disability to remain parked in a space reserved for persons who have disabilities throughout the period the theme park is open to the public for that day.

(e)

This section shall be enforced on public or private property.

(f)

When a vehicle is parked in a properly delineated parking space for persons who have disabilities in violation of this section, it is prima facie evidence that the vehicle was parked and left in the space by the registered owner of the vehicle.

(Ord. No. 2025-43, § 2 (Exh. A), 4-17-2025)

State Law reference— Parking spaces for persons who have disabilities, F.S. § 553.5041; Resisting officer without violence to his or her person, F.S. § 843.02; Definitions, F.S. § 509.013(9).